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(영문) 의정부지방법원고양지원 2016.06.10 2015가합72545
공사대금
Text

1. The Defendant’s KRW 108,500,000 for the Plaintiff and 5% per annum from November 21, 2014 to June 10, 2016.

Reasons

1. The parties' assertion

A. The Plaintiff’s primary assertion 1) around May 8, 2013, the Plaintiff leased KRW 110 million to the Defendant with interest rate of KRW 20 million per month and KRW 600,000 after the maturity of two months. Specifically, on May 2, 2013, the Plaintiff paid KRW 90,000 after deducting KRW 60,000 from interest rate per annum. Meanwhile, the Plaintiff deposited KRW 28,50,000 to the account in the name of C designated by the Defendant and lent KRW 30,000 in total. On May 3, 2013, the Plaintiff deposited KRW 20,000 in the Defendant’s account and lent KRW 40,000,000 to the Defendant on May 8, 2013, the Plaintiff revoked the Plaintiff’s KRW 10,000,000,000,000,000,000 per annum of the loan and its repayment interest rate of KRW 2 million.

B. The Defendant’s assertion merely received a transfer of KRW 28.5 million from the Plaintiff on May 2, 2013, and KRW 20 million on May 3, 2013, and the said money was paid to the Defendant as an investment amount for the construction of a new building located in the building located in the Dong-dong at the time of the strike that the Defendant proceeds. Since the said construction was suspended and no profit accrued, the Defendant did not have a duty to return the said money to the Plaintiff.

2. We examine the following circumstances: (a) Nos. 1 through 6 of the judgment; and (b) each of the above evidence of this court’s order to submit financial transaction information to the Hansan Agricultural Bank; (c) Nos. 28.5 million won to the account in the name of the Defendant’s name, and KRW 20 million to the account in the name of the Defendant’s name on May 2, 2013; and (d) each of the above evidence.

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